court-martial XVI. And it is hereby further enacted, That from and after Officers.comthe twenty fifth day of December, one thousand seven hundred pofing a and forty nine, upon all trials of offenders by any court-martial, to be sworn, all the officers present who are to constitute the faid court-martial, fhall, before they proceed to fuch trial, take fuch oath as is herein after-mentioned, upon the holy evangelists, before the court; which oath the judge advocate, or his deputy, or the perfon appointed to officiate as fuch, is hereby authorized and required to administer in the words following (that is to say) A. B. do fwear, That I will duly adminifter juftice, according to The oath. the articles and orders established by an act palled in the twenty fecond year of the reign of his majesty King George the Second, for amending, explaining, and reducing into one act of parliament, the laws relating to the government of his Majesty's fhips, vessels, and forces by fea, without partiality, favour, or affection; and if any cafe fhall arife, which is not particularly mentioned in the faid articles and orders, I will duly adminifter juftice according to my confcience, the best of my understanding, and the custom of the navy in the like cafes; and I do further fwear, That I will not upon any account, at any time whatsoever, difclofe or difcover the vote or opinion of any particular member of this court-martial, unless thereunto required by act of parliament. So help me God. And fo foon as the faid oath shall have been administered to the cate to be refpective members, the prefident of the court is hereby autho- Judge advorized and required to administer to the judge advocate, or the fworn. person officiating as such, an oath in the following words: IA. B. do fwear That I will the vote any ginion of any time whatfoever, difclafe or difcover the vote or opinion of any particular member of this court-martial, unless thereunto required by act of parliament. So help me God. XVII. And it is hereby further enacted, That from and af- Penalty of reter the twenty fifth day of December, one thousand seven hun- fufing to give evidence, or dred and forty nine, in case any perfon in the fleet, being call- prevaricating, ed upon to give evidence at any court-martial, fhall refufe to and of congive his evidence upon oath, or shall prevaricate in his evidence, tempt to the or behave with contempt to the court, it shall and may be law- court; ful for fuch court-martial to punish every such offender by imprisonment, at the difcretion of the court, fuch imprisonment not to continue longer than three months, in case of such refufal or prevarication, nor longer than one month in the case of fuch contempt; and that all and every person and perfons who fhall commit any wilful perjury, in any evidence or examination of perjury, or upon oath at any fuch court-martial, or who fhall corruptly pro- fubornation. cure or fuborn any perfon to commit fuch wilful perjury, thall and and may be profecuted in his Majefty's court of King's Bench, by indictment or information; and every iffue joined in any fuch indictment or information fhall be tried by good and lawful men of the county of Middlefex, or fuch other county as the faid court of King's Bench thall direct; and all and every perfon and perfons, being lawfully convicted upon any fuch indictment or information fhall be punished with fuch pains and penalties, as are inflicted for the like offences refpectively by two acts of parliament, the one made in the fifth year of the reign of Queen Elizabeth, intituled, An act for punishment of such perfons as fhall aGeo. 2. c. 25. procure or commit any wilful perjury; and the other made in the fecond year of the reign of his prefent Majefty, intituled, An act for the more effectual preventing and further punishment of forgery, perjury, and fubornation of perjury; and to make it felony to The offence steal bonds, notes, or other fecurities for payment of money. S Eliz. C. 9. only to be fet XVIII. And be it further enacted by the authority aforefaid, forth in in- That in every information or indictment to be profecuted by formation, &c. virtue of this act for any fuch offence, it fhall be fufficient to fet forth the offence charged upon the defendant, without fetting forth the commiffion or authority for holding the court-martial, and without fetting forth the particular matter tried or to be tried, or directed or intended to be tried before fuch court. Report to be made to the fentence of in cafes of mutiny, XIX. And it is hereby further enacted, That from and after the twenty fifth day of December, one thousand seven hundred and forty nine, no fentence of death given by any courtdeath, except martial held within the narrow feas (except in cafes of mutiny) shall be put in execution till after the report of the proceedings of the faid court shall have been made to the lord high admiral, or the commiffioners for executing the office of lord high admiral, and his or their directions fhall have been given therein; and if the faid court fhall have been held beyond the narrow feas, then fuch fentence of death fhall not be carried into execution but by order of the commander of the fleet or fquadron wherein sentence was paffed; and in cafes where fentence of death thall be paffed in any fquadron, detached from any other fleet or fquadron upon a feparate fervice, then fuch fentence of death (except in cafes of mutiny) fhall not be put in execution, but by order of the commander of the fleet or fquadron from which fuch detachment shall have been made, or of the lord high admiral, or commiffioners for executing the office of lord high admiral; and in cafes where fentence of death fhall be paffed in any court-martial held by the fenior officer of five or more of his Majesty's fhips, which shall happen to meet together in foreign parts pursuant to the power herein before given, then fuch fentence of death (except in cafes of mutiny) Thall not be carried into execution but by order of the lord high admiral, or commiffioners for executing the office of lord high admiral. XX. And be it further enacted and declared, That from and after the twenty fifth day of December, one thousand seven hun nifter oath to hundred and forty nine, the judge advocate of any fleet for the Judge advotime being, or his deputy, thall have full power and authority, cate to admiand is hereby required to adminifter an oath to any witness at witneffes. any trial by court-martial; and in the abfence of the judge advocate and his deputy, the court-martial shall have full power and authority to appoint any person to execute the office of judge advocate. in force with XXI. And be it further enacted by the authority aforefaid, Articles to be That from and after the twenty fifth day of December, one thoufand seven hundred and forty nine, all the powers given by the crews of fhips respect to feveral articles and orders established by this act, fhall remain loft or destroyand be in full force with respect to the crews of fuch of his Ma- ed. jefty's fhips as fhall be wrecked, or be otherwife loft or destroyed; and all the command, power, and authority given to the officers of the faid fhip or thips, shall remain and be in full force as effectually as if fuch fhip or fhips to which they did belong were not fo wrecked, loft, or deftroyed, until they fhall be regularly discharged from his Majesty's further service, or removed into fome other of his Majefty's fhips of war, or until a courtmartial fhall be held, pursuant to the cuftom of the navy in fuch cafes, to enquire into the causes of the lofs of the faid fhip or fhips: The pay of and if upon fuch enquiry it fhall appear by the fentence of the fuch ihips recourt-martial that all, or any of the officers or feamen of the faid ferved. fhip or fhips did their utmost to preserve, get off, or recover the faid fhip or fhips, and fince the lofs thereof have behaved themselves obediently to their fuperior officers, according to the discipline of the navy and the faid articles and orders herein before established, then all the pay and wages of the faid officers and feamen, or of fuch of them as fhall have done their duty as aforefaid, fhall continue and go on, and be paid to the time of their discharge or death; or if they fhall be then alive, to the time of the holding of such court-martial, or removal into some other of his Majefty's fhips of war, and every fuch officer and feaman of any of his Majefty's fhips of war, who after the wreck or lofs of his fhip, fhall act contrary to the difcipline of the navy, and the several articles and orders herein before established, or any of them, shall be sentenced by the faid court-martial, and punished as if the ship to which he did belong was not fo wrecked, loft, or destroyed. XXII. And be it further enacted, That from and after the The pay of the faid twenty fifth day of December, one thousand seven hundred officers and and forty nine, all the pay and wages of fuch officers and fea- men taken by the enemy, men of any of his Majefty's fhips as are taken by the enemy, who have beand upon enquiry at a court-martial thall appear by the fentence haved well, of the faid court to have done their utmost to defend the said reserved., fhip or fhips, and fince the taking thereof, to have behaved themselves obediently to their fuperior officers, according to the difcipline of the navy, and the faid articles and orders herein before established, shall continue and go on, and be paid, from the time of their being fo taken, to the time of the holding of fuch court-martial, or until they fhall be regularly discharged from his Majesty's fervice, or removed into fome other of his VOL. XIX. Ma No perfon not Majefty's fhips of war, or (if they shall die in captivity, or not live to the time of the holding of fuch court-martial) to the time of their death, in fuch manner, and not otherwife, as if the faid fhip or ships to which they did belong respectively, was not, or were not,fo taken. XXIII. Provided always, and be it further enacted, That no perfon or perfons not flying from juftice, fhall be tried or punifhed by any court-martial for any offence to be committed against this act, unless the complaint of fuch offence be made in writing to the lord high admiral, or to the commiffioners for executing the office of lord high admiral for the time being, or any commander in chief of his Majefty's fquadrons or fhips impowered to hold courts-martial, or unless a court-martial to try or a court be fuch offender fhall be ordered by the faid lord high admiral, or ordered with- the faid commiffioners, or the faid commander in chief, either or within one within three years after fuch offence shall be committed, or withyear after the in one year after the return of the ship, or of the squadron, to return of the which fuch offender fhall belong, into any of the ports of Great ship or ofBritain or Ireland; or within one year after the return of such fender. offender into Great Britain or Ireland. in three years, Penalty on officers receiv ing on board goods. XXIV. And whereas by the faid act, intituled, An act for the more effectual fuppreffing of piracy; it is amongst other things enacted in the following words, That the faid captain, commander, or other officer of the faid fhip or veffel of war, and all and every the owners and proprietors of fuch goods and merchandizes, put on board fuch fhip or veel of war as aforesaid, shall life, forfeit, and pay the value of all and every fuch goods and merchandizes fa put on board as aforefaid; one moiety of fuch full value to fuch perfon or perfons as fhall make the first difcovery, and give information of or concerning the faid offence; the other moiety of fuch full value, to and for the ufe of Greenwich Hofpital; all which forfeitures fhall and may be jued for and recovered in the high court of admiralty: now for making the faid in part recited act more useful and effectual, be it enacted by the authority aforefaid, That from and after the twenty fifth day of December, one thoufand feven hundred and forty nine, if any captain, commander, or other officer of any of his Majefty's fhips or veffels, fhall receive on board, or permit, or fuffer to be received on board fuch fhip or vessel, any goods or merchandizes, contrary to the true intent and meaning of the eighteenth article in this act before-mentioned and hereby enacted, every fuch captain, commander, or other offi cer fhall, for every fuch offence, over and above any punishment inflicted by this act, forfeit and pay the value of all and every fuch goods and merchandizes fo received or permitted, or fuffered to be received on board as aforefaid, or the fum of five hundred pounds of lawful money of Great Britain, at the election of the informer, or perfon who fhall fue for the fame, fo that no more than one of these penalties or forfeitures shall be fued for and recovered by virtue of this and the said in part recited act, or either of them, against the fame person, for one and the fame offence; one moiety of which penalties or forfei tures tures fhall be forfeited and paid to the perfon who fhall inform Application of or fue for the fame, and the other moiety thereof, to and for the forfeiture. the ufe of the royal hofpital at Greenwich; which forfeiture fhall be fued for, and recovered by action of debt, bill, plaint, or in- Method of formation, in any of his Majefty's courts of record at Westmin- recovery. fter, or in the high court of admiralty, at the election of the informer, or person who fhall fue for the fame; and the court fhall award fuch cofts to the parties, as fhall be just; and in all cafes where judgement or fentence fhall be given against any fuch offender, the court where fuch judgement or fentence fhall The court to be given, fhall, with all convenient fpeed, certify the fame to certify to the the lord high admiral, or to the commiffioners for executing the admiralty the faid office. this act. judgement. XXV. Provided always, That nothing in this act contained, Limitation of fhall extend, or be conftrued to extend to take away from the the powers of lord high admiral of Great Britain, or the commiffioners for executing the office of lord high admiral of Great Britain, or any vice admiral, or any judge or judges of the admiralty, or his or their deputy or deputies, or any other officers or minifters of the admiralty, or any others having or claiming any admiral power jurisdiction, or authority within this realm, or any other the King's dominions, or from any perfon or court whatsoever, any power, right, jurisdiction, pre-eminence, or authority, which he or they, or any of them, lawfully hath, have, or had, or ought to have and enjoy, before the making of this act, fo as the fame person shall not be punished twice for the fame offence. tutes not to 1749. XXVI. Provided nevertheless, and be it enacted, That the Repeal of the repeal of the faid before recited statutes, or any part thereof, or recited ftaany thing herein contained, shall not extend, or be deemed to avoid profecu extend to discharge or avoid, or prevent any profecution or fuit tions for ofcommenced, or at any time hereafter to be commenced against fences comany person or perfons, for any offence committed on or before mitted on or the faid twenty fifth day of December, one thousand seven hunbefore 25 Dec. dred and forty nine, or to be committed against the said statutes, or any part or parts thereof, but that all perfons who have been or fhall, before the said twenty fifth day of December, be guilty of any fuch offence, fhall and may be profecuted, fued, condemned, and punished for the fame, as well after as before the faid twenty fifth day of December, as if the said ftatutes had not been repealed. CAP. XXXIV. An act for enlarging the term and powers granted by an act made in the third year of the reign of his prefent Majefty, intituled, An act for making a new road, and for repairing and amending the ancient road between the towns of Wisbech and March, in the isle of Ely and county of Cambridge. The act 3 Geo 2. C. 24. continued for 21 years. CAP. XXXV. An act for repairing and widening the road leading from the town of Za bridge, |